A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

No person who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment without justifiable grounds.

Nevertheless, the Defendant received a notice of enlistment in the name of the director of the Incheon Gyeonggi Military Manpower Office to enlist in the 306 supplementary units located in the Dong-dong of the Defendant's mother D through the Defendant's mother D on December 19, 2013 (C apartment) from the Defendant's office located in Yeongdeungpo-gu C and 213 Dong-dong 801 (C apartment) on December 19, 2013, but failed to enlist without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to a written accusation, a person who has evaded military service (an accusation of enlistment and refusal of collection), a domestic registration/post investigation, a military register inquiry, and a list of persons who have failed to be enlisted for conscription;

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The gist of the Defendant’s assertion is that the Defendant refused to enlist in active duty service according to his religious conscience as the believers of “novah’s Witness” and that the right to conscientious objection constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act on the grounds that the Defendant’s exercise of the right to conscientious objection is derived from Article 18 of the International Covenant on Civil and Political Rights that has the same effect as that of the Republic of Korea.

2. In determining the above, the duty of military service recognized under the provision of the national defense under the Constitution and the provision of the duty of military service is the most fundamental requirement for the existence of a nation’s community. Ultimately, guaranteeing the dignity and value of human beings. As such, the Defendant’s freedom of conscience, etc. cannot be deemed as a superior value to such constitutional legal interests, and as a result, Article 37 of the Constitution for the sake of such constitutional legal interests.